Cup of woe: $7.5 million award to man who fell at Starbucks

A San Diego jury awarded a man and his wife nearly $7.5 million Friday in their civil suit against Starbucks after the man fell inside a North County business in 2008.

The case, which was filed in 2009, centered on Anthony Zaccaglin, who reportedly sustained a concussion after falling inside a Starbucks located on Melrose in Vista. Zaccaglin slipped and hit his head on a cash register as he was walking from the cashier to the pickup counter, according to Zaccaglin's attorneys, who added that witnesses at the scene said a manager had just mopped the area where Zaccaglin slipped and also said that that employee later apologized for not "dry mopping."

Read the original story on NBCSanDiego.com

Zaccaglin alleged that he suffered complications stemming from the fall and was unable to return to work as a chiropractor.

Starbucks initially offered a $100,000 settlement to Zaccaglin; he declined to accept that proposal, however, said Zaccaglin's attorney John Gomez.

After two and a half weeks in court, a jury returned a verdict against Starbucks on Friday, awarding $6,456,230.50 to Zaccaglin. His wife was awarded $1 million for loss of consortium, or the loss of her husband’s love, companionship, comfort and care.

The total amount could grow to as much as $8.5 million, including added costs, Gomez said.

Starbucks spokesman Jim Oslo said the company was disappointed with the size of verdict:

Providing a safe environment for our customers is always a top priority for us at Starbucks. We are sorry that Mr. Zaccaglin was injured at our Vista, Calif., store. However, we are disappointed with the size of the verdict as we made every effort to reach a mutually agreeable and reasonable settlement with Mr. Zaccaglin. We are reviewing the decision to determine what, if any, steps we may take in response.

If Starbucks appeals, it could take up to two more years for the case to be settled, according to Gomez.

"For a national chain, Starbuck's safety policies were shockingly inadequate and inconsistently applied," Gomez said. "The family hopes that today's verdict will cause Starbucks to take safety as seriously as it does sales."

Gomez added that he and Zaccaglin were hoping to work it out with Starbucks to avoid an appeal.

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    Reply#56 - Fri Dec 23, 2011 9:31 PM EST

    damn, the price of coffee will go up again.......those people really milked that one. i am appalled by these juries who award money like that. bunch of liberals who blame everyone else. if the floor was wet why in the hell didn't the guy walk around it? or turn around and walk out? yes, he should get damages, but that was totally ridiculous....some people just sue to get the big pay off

      Reply#57 - Fri Dec 23, 2011 9:32 PM EST

      I totally agree. Also if it was a mom and pops coffee shop, he would not have got that much of a reward.

        #57.1 - Fri Dec 23, 2011 9:35 PM EST
        Reply

        Oh, I would definitely appeal this, that is way too much money for a slip fall.

        • 1 vote
        Reply#58 - Fri Dec 23, 2011 9:40 PM EST

        Hey, I slipped on a wet spot on the floor and fell on my ass in the cafeteria of the Pajarito ski area in Los Alamos, NM, in the presence of dozens of witnesses. Lost my cranberry juice! Where's my money??

          Reply#59 - Fri Dec 23, 2011 9:48 PM EST

          In February I took one step into a restaurant ladies' room and slipped immediately; I was still holding on to the doorknob!!!! I ended up tearing my hamstring (didn't know that until 4 days later when I went to see an orthopedic doctor. My primary took a look at it the day after the fall and told me to take some ibuprophen!!!). I had to attend a concert shortly after the fall, so I did not ask to see the manager. When I called him 2 days later (they were closed the day after the fall) and told him I had slipped and hurt myself (did not know at that time what was the problem-but I was swollen and purple from top of my thigh to my ankle!!!) he said they WERE having a problem with one of the toilets and had a plumber in twice already. He said they had just opened up the restaurant...blah...blah...blah. I did not sue them. The restaurant is 2 1/2 hours from my home and I guess I just didn't want the 'hassle'. I did go to therapy for several weeks and I still can't bend that leg as high as my other leg.

          As for the guy at Starbucks. He, most likely, will never see all that money (after lawyer fees, of course). IF Starbucks appeals, it will take a few more years until another decision and that may be much less than 7.5 million. To those who asked why he wasn't 'more careful' or 'watching where he is going'; we can't all look down on the ground every where we go. We assume most surfaces are safe to walk on. If there was NO sign that the floor was wet-you can't blame the guy for falling. Just like you can't blame ME for slipping on a very went floor before I was even completely into the ladies' room.

            Reply#60 - Fri Dec 23, 2011 9:55 PM EST

            Not only should he have gotten NOTHING, he should have been charged for the man-hours wasted cleaning up his blood--for being such a klutz--he should also have to reimburse Starbucks for loss-of-use of the cafe while his mess was being cleaned up. Ambulance-chasing shysters, and their greedy opportunist clients should be forced to suck wind.

            • 1 vote
            Reply#61 - Fri Dec 23, 2011 10:02 PM EST

            Where's the story about GE getting hit with a $70 million dollar fine for market rigging?

            http://www.marketwatch.com/story/sec-charges-ge-unit-with-securities-fraud-2011-12-23

              Reply#62 - Fri Dec 23, 2011 10:10 PM EST

              Did this man become developmentally disabled due to his concussion or slip into a coma? Did he become impotent due to his head injury? A lot of things don't add up in this story and I think Star Bucks was a victim of scam artist....the couple and the jury who awarded the outrageous sum of money.

                Reply#63 - Fri Dec 23, 2011 10:11 PM EST
                • 1 vote
                Reply#64 - Fri Dec 23, 2011 10:15 PM EST

                So the Mrs. gets a million bucks because he can't bang her as good as before? He musta been some kinda good in the sack! Only in California!

                • 1 vote
                Reply#65 - Fri Dec 23, 2011 10:17 PM EST

                Lawsuits drive businesses out of the country. Keep it up. Greedy lazy b*stards.

                  Reply#66 - Fri Dec 23, 2011 10:32 PM EST

                  You know its going to be appeal and appellate court will send back to original court because award is unreasonable (which in this case it correct). A million dollar for lost love, give me a break. I like to see the jury explain that one....

                    Reply#67 - Fri Dec 23, 2011 10:37 PM EST

                    So, if it was a small business, would the award be this large?

                    • 1 vote
                    Reply#68 - Fri Dec 23, 2011 10:42 PM EST

                    I wish when these stories come out they tell everyone what the lawyers made off the deal. I think everyone opinion would change after those numbers were reported. I have always said in the commercials for lawyers on tv should say, have you been injured in a fall, especially if it was at a company with large balance sheets., we want a piece of that action

                      Reply#69 - Fri Dec 23, 2011 10:47 PM EST

                      This is exactly the crap that clogs our judicial system. This is nothing short of robbery. It is us the consumers who will have to pay for this clown to retire and live on easy street. He would not have made even one million in his working life. Yet we freaking have courts awarding obscene settlements for accidents. This why none of us can afford insurance anymore. Shame on this judge.

                        Reply#70 - Fri Dec 23, 2011 10:48 PM EST

                        51 year old man is not worth that much in the sack. He is a chiropractor so he had no problem finding friends to scam the system. They are notorious for lying about injuries. A couple of grand should have satisfied him. He slipped and he fell. Brain damage therapy?? What the heck is that?

                        • 1 vote
                        Reply#71 - Fri Dec 23, 2011 10:49 PM EST

                        "Jury of his peers"

                        I just love that. It will never happen to me though. They will NEVER get a jury together of my peers because my peers would be smart enough to get OUT of jury duty in the first place................

                        • 1 vote
                        Reply#72 - Fri Dec 23, 2011 10:58 PM EST

                        There use to be a time in this country when a Mucking Foron was simply that, a Mucking Foron. When I was much younger and some shipdit blew their hand off with some type of pyrotechnic, we just started calling the dumba$$ "LEFTY" and the parents accepted that they had a stupid kid who was unable to follow the manufacturers directions. There was no litigation plain and simple you were either a mucking foron or a shipdit you couldn't sue someone because YOU were STUPID. I for the life of me can't remember when we crossed that threshold and started compensating people for being ucking fidiots.

                          Reply#73 - Fri Dec 23, 2011 11:05 PM EST

                          this is unreal every bus. in cal. should close there doors and move out of cal. and never do bus there again and I mean all bus. every thing move out and lets see how long the movey bus. can support all the queers out there.

                            Reply#74 - Fri Dec 23, 2011 11:07 PM EST

                            shame on this moron! He is an idiot! maybe if he was paying attention he wouldnt have fallen! from an early age we are taught to look both ways before we cross the road, or in this case walk. if he was hit by a car and didint look both ways before crossing the road we it not be his fault! Pay attention to your surroundings and you wont injury yourself. if he slips on HIS sidewalk in the snow is he gone sue the sidewallk?!

                              Reply#75 - Fri Dec 23, 2011 11:24 PM EST

                              He's damn lucky in a way.. Having an accident like this right inside a corporation pretty much assured his victory in court.. When I tripped on the edge of a 4 inch deep pothole behind my apartment building and shattered my ankles it turned out, even though there was no lighting to aid one walking back there (this was the parking area for the tenants), that strip of asphalt belonged to the county and not the apartment building itself..

                              I tried to get my day in court too but before my case was even heard the county put a new 'retro-active' law on the books that they could not be sued for any injuries due to 'failure to keep or to repair any streets, lanes or alleyways'.. It took two full years for my lawyer to even get close to getting a court date, so that gave the county plenty of time to enact their 'new' law protecting themselves and, since they made it retro-active, that covered any lawsuits that were pending from years before..

                              So, take it from me, if you get in an accident through no fault of your own, pray it's not on city, county or state property.. You probably won't stand a chance of getting your day in court either!

                                Reply#76 - Fri Dec 23, 2011 11:24 PM EST

                                How is it we get juries stocked with morons who think they should award a lottery win to the plaintiff?

                                Disgusting.

                                • 1 vote
                                Reply#77 - Fri Dec 23, 2011 11:30 PM EST

                                I hope the judge lowers the amount

                                  Reply#78 - Fri Dec 23, 2011 11:34 PM EST

                                  He was tired of his job and found an easy way out. Sue someone

                                    Reply#79 - Fri Dec 23, 2011 11:42 PM EST

                                    Gotta love our "It's not my fault, who can I blame ?" mentality.

                                    • 1 vote
                                    Reply#80 - Fri Dec 23, 2011 11:43 PM EST
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